Atlanta Cops Jailed For Killing 92 Year Old Great Grand Mother

"There are no winners in this case," said Smith's attorney, John Garland. "There are only losers."

There are FOUR issues I see here. 1) NO KNOCK warrants. An oxymoron. Who invented that? Why is it sill around?

2) The old lady may have thought she was the victim of a home invasion. Being black and not white, and living in a black neighborhood and not a gated community, it was not uncommon.
She fired ONE shot out of a rusty old handgun.

3) the police shot her 6 times. Hitting her with one-seventh of the 39 rounds they fired into her home not even knowing who was there!

4) One of the cops had the “usual” bag of maryjane to PLANT on the VICTIM to be in case he or she had smoked theirs before they arrived!

ATLANTA – Three former Atlanta police officers who each pleaded guilty to a federal conspiracy charge in connection with the death of an elderly woman during a botched drug raid were sentenced Tuesday to federal prison. Jason R. Smith, Gregg Junnier and Arthur Tesler received sentences ranging from five years to 10.

Kathryn Johnston, 92, was killed by police gunfire during the 2006 raid at her home. Police used a "no-knock" warrant to enter Johnston's house to look for drugs. But prosecutors say officers found none and tried to cover up the mistake by planting baggies of marijuana.

U.S. District Judge Julie E. Carnes on Tuesday sentenced Smith to 10 years in federal prison. She sentenced Junnier to six years and Tesler to five. Prosecutors earlier lowered their recommended sentences for Junnier and Smith. They asked for about 10 years for Smith and roughly five years for Junnier because they said the men cooperated with authorities. Tesler's recommended sentence was not lowered, and was about 10 years.

But the judge said Tuesday Tesler was a "minor participant overall" and lowered the sentence to five years. She said the government's recommendations were "unduly harsh." All the men will get three years supervised release after they serve their sentences.

The Rev. Market Hutchins, spokesman for Johnston's family, spoke by telephone to her niece and closest living relative, Sarah Dozier, 76, of Atlanta after the sentencing. "She certainly breathed a sigh of relief that there is nearly some resolution, particularly with regard to these officers," he said. Hutchins said Dozier was sympathetic to the officers' families because she believes they were victims as well. "Her aspiration has always been justice and not a sense of revenge," he said.

The three men earlier had each pleaded guilty to the federal charge of violating Johnston's civil rights. Smith and Junnier also pleaded guilty to state charges, including manslaughter. They are set to be sentenced on those charges next month. Under their plea agreements, their state sentences will be served concurrently with their federal punishment, said Buddy Parker, Junnier's lawyer.

Tesler was sentenced in May to four and a half years in prison on a state charge for lying to FBI agents, but that conviction was overturned on appeal last month. Johnston was killed by a barrage of bullets fired by officers who stormed into her home on Nov. 21, 2006, with a special "no-knock" warrant to search for drugs.

Tesler, who did not fire a shot, was in Johnston's back yard when plainclothes officers burst in through the front door. Johnston fired a single shot from a rusty revolver at the intruders, but hit no one, and officers fired 39 bullets, hitting the woman five or six times, prosecutors said.

Lawyers for Smith and Tesler said they had hoped for lesser sentences but praised the judge for weighing the facts in the case. "There are no winners in this case," said Smith's attorney, John Garland. "There are only losers."
news.yahoo.com...

1) Cops the victims? Yes. Good cops go BAD when working in the DEA too long. Three years and out for at least 6 years before going back. I think of the DEA as too much like the old German SS. Enforcers!

2) Why don't they know how many times they hit this old black woman? Did the coroner give her short shrift too? Hey, who cares? Really.

US Constitution
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment XIV Section 1.
“ . . nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”


[edit on 2/24/2009 by donwhite]

How sad, this happen in almost in my neck of the woods as I live in Ga, we have many cases like this around locally but they never made more than the local news.

We have one sheriff resigning because the death of an elderly man in his home by happy trigger cops, but as usual they blame the problems with the situation around for the over reaction of the police.

I wonder where in GA this was? Must have not been close to me or I would've heard something about it. Anyway hope those cops are ready for years of manly lovin.

reply to post by marg6043

How sad, this happen in almost in my neck of the woods as I live in Ga, we have many cases like this around locally but they never made more than the local news.

We have one sheriff resigning because the death of an elderly man in his home by happy trigger cops, but as usual they blame the problems with the situation around for the over reaction of the police.

I expect if we counted, the death toll of innocent victims of over eager police work especially in the DEA area, would run into the low 1000s. In my hometown of Louisville, perhaps 10-12 years ago, the local NARCO cops busted into a house, which brought the lone occupant out of his bed just in time to be shot by the police. Shot dead. The cops told the standard TWO lies. 1) They had knocked, and 2) they thought he had a gun. Neighbors gave the lie to the No. 1 and a search of the house gave the lie to No. 2.

Tragedy? The person on who the warrant was being served had moved away from the house about a year prior to the OFFICIAL BREAK-IN. A cursory look in the phone book would have shown the current occupant was not the man they sought. Negligence of the highest order. The Chief of Police, the Chief of Narcotics and the Captain of the division should have been FIRED on the spot!

How do these guys only get 5-10 years for murdering and then conspiring to cover up their bad deeds. I think that the punishment for cops killing innocent civilians in their own homes should be double the maximum for murder. They demand more respect and power than a common citizen, they should be held to higher standards. What is the sentence for killing a cop? If it is longer than what these jackwipes were given for killing and trying to frame an innocent old lady, this country and legal system are in far worse shape than i had imagined(and i always imagine the worst).

the cops in ga are crazy. we had a billion dollar deficit last year and everyone was scrambling to pay the bills, yet the friggin GSP (gods special people.... er georgia state patrol) all get brand new chargers.

i got illegally searched as a minor, because after coming out of my friends house, i was told that i had what "appeared" to be glass on the back of my leg and i got labeled a prime suspect for a robbery. they put handcuffs on me and searched me after i said they couldnt.

the locals in my town call for help from state patrol to run traffic checks where they can search anyone for anything. typically they have a list of names first and just set up in the main traffic spots of town and scoop them up.

savannah is about the best place here ive seen as far as cops are concerned. they are laid back and pretty cool.

the rest of georgia... its like they hate their lives and want to make everyone else miserable too. they keep putting these scoal suckin pigs in wayyy too much power!

THEY BARELY GRADUATED HIGHSCHOOL

reply to post by Wethesheeple

I wonder where in GA this was? Must have not been close to me or I would've heard something about it. Anyway hope those cops are ready for years of manly lovin.

Atlanta. Around Christmas 2006 as I recall. Maybe that is why you did not hear about it. [Edit: Nov. 21, 2006, per the story]

As for your abu Ghraib type thinking or wishing “. . hope those cops are ready for years of manly lovin . . “ thanks to the work of the ACLU most states take considerable care to see this does not happen. This is not to say there is no homosexuality in the pen, for as you may also know it is very hard to keep two people who want to share sex not to.

Prisoners are classified into at least 6 classes. Based on age, size, strength, prior record, nature of offense, and gender preference. Other states use more classes including mental acuity and health conditions.

No system is perfect. State prisons are notoriously understaffed, but again, the ACLU is there ready to make the recalcitrant legislators and through them, their constituents to at least pay compensation for wrong-doing or neglect.

[edit on 2/24/2009 by donwhite]

reply to post by donwhite


Yes thats it I have abu gharib type thinking because i'm stating what will happen. Do you have any friends/family who work in a prison or jail? I do Hes a roomate. Police aren't very popular in prison.

reply to post by g raj

How do these guys only get 5-10 years for murdering and then conspiring to cover up their bad deeds. I think that the punishment for cops killing innocent civilians in their own homes should be double the maximum for murder. They demand more respect and power than a common citizen, they should be held to higher standards. What is the sentence for killing a cop?

This was in Federal Court. This case was prosecuted under the Federal Civil Rights Act of 1965. The DENIAL of the victim's civil rights among which is the RIGHT not to be killed arbitrarily. This law came into being because WHITE juries in the South would NOT convict a cop for killing a BLACK no matter how egregious.

The cops have also pled “guilty” in the state courts, but the prosecutors agreed to let them serve the time concurrently. One day counts for two.

Is anyone here old enough to remember the old Andy Griffith show, with 'Barney Fife" and the rest?

Now THAT was a peace officer.

What we see now often appears to be frustrated jocks with teen angst issues - and lethal weapons.

I think they should ban the term 'law enforcement.' We were all better off when police had to live up to the 'peace officer' perception.

I think one problem with police these days are they are ex military fresh from the battlefields. They come from an environment where killing the enemy is done most without question or consequence. They come home, go through some psych evaluations and then retire only to get jobs as police/security. If these ex military policemen get into a situation similar to this, they may "flashback" to their original military training or experiences say in Afghanistan or Iraq, where you shoot and kill first and ask questions later.

reply to post by mahtoosacks


do you know how little those guys get paid and how much they do? do you?

This story should be huge!! Evil cops planting evidence on a 92 year old woman!!?? 39 shots into her home!!?? This is a classic example of the evils that seem to permeate our "authorities"!! Its no wonder that so many people have no respect for the law! This is homicide,clearly. The fore thought to decide to plant evidence says it all. I feel safer already......

reply to post by donwhite


Planting drugs - not smart. Go get 'em Cop Busterz

90... meh

at least she lived long enough and wont suffer any more cop harassment.

Bummer-I grieve for this woman and her family. Maybe justice will come. I hear former LEOs dont fare well in thim there facilitys. And when word gets out on the inside what their in for. Chances are they wont make it out. tmo tho.

Ive ask this question before. Seems appropriate to ask again.

Who are you more likely to be taken out by?

A. a Terrorist (yea right--biggest joke perpetrated on America) or

B. a LEO

And for you former LEos------Dont wanna hear it....Go back to school and learn what a force matrix is and how it works. Been There Done That,,,,,a long, long time ago.

reply to post by ~Lucidity

do you know how little those guys get paid and how much they do? do you?

Yes. A NYC beat cop with 30 years service and 54 years old gets $48,900 for life plus social security at age 62 if he wants it that early. (That would be 70% of what he'd get at age 67). He also get half his health care insurance paid.

Cops in Jacksonville FL start at $33.000 and by 5 years service are making about $45,000. FBI agents make around $70-85,000.

State prison guards in my home state of KY make $22,000 after 10 years service. The state cannot afford overtime, so the officers who work over get compensatory time off. It is attractive because the guards can take their off time anytime but with some notice. They get good health care insurance free for themselves and at low cost for the family plan. The get the usual 50% retirement pay at age 59 with 30 years service. Less if fewer years worked or you retire early.

[edit on 2/24/2009 by donwhite]

Let this be a lesson to all the turd cops out there.

Makes one ask how many times they have gotten away with planting dope and guns on their dead victims?

To think they do this kind of thing over a plant that God gave us. May they all go to hell for it.

Originally posted by ~Lucidity
reply to post by mahtoosacks

 

do you know how little those guys get paid and how much they do? do you?

Their jobs are mostly boring and routine, which is why anyone with above a 115 IQ eventually quits and moves on to more challenging career. They like them to be dumb, between IQ 95 and 105 rating cuz they have the kind of tunnel vision they like cops to have.

They get paid fine for what they do, and they have benefit packages too, plus job security.

[edit on 24/2/09 by John Matrix]

reply to post by John Matrix


The militarization of police is a growing problem all accross America. This is justified by saying that the job is dangerous. There are limits to what they can do to protect themselves. Eventually we will all be pulled from a car for a routine stop, guns pointed at our heads, so that the officers can feel safe. Police work is dangerous, and I have great respect for law enforcement, but this was shameful..